False statement in FIR

Querist : Anonymous (Querist) 14 January 2011 This query is : Resolved
Ld counsels,

When a complaint contradicts his own statement in the FIR is he not liable for prosecution for the charge u/s 199 of IPC.

(False statement made in declaration which is by law receivable as evidence)

Why cant the accused take that objection that the complainant has made false statement in FIR and he should also be charged for the offense u/s 199. What will be the outcome of such a stand.

Kindly give a legal definition, bocs an accused is innocent until proved guilty and the false statment in FIR need not wait for that stage of trail to get apppreciated and accused is set to liberty once the complainant's malafide is proved.

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Guest (Expert) 15 January 2011
THE CASE IS AN EXCLUSIVE JURISDICTION OF THE COURTS. IT IS FOR THE PRESIDING OFFICER(JUDGE-MAGISTRATE) HAS TO TAKE ACTION IN THIS MATTER. YOU CAN ONLY FILE A PETITION. BUT THE POWER TO SANCTION TO REGISTER THE COMPLAINT OR TO INVESTIGATE IS ONLY WITH THE COURT.

Advocate. Arunagiri (Expert) 15 January 2011
I agree with Mr.Ganesan.

Kirti Kar Tripathi (Expert) 15 January 2011
I also agree with Mr.Ganesan.

Querist : Anonymous (Querist) 15 January 2011
Ld experts,

Under what provision of law that the discretion is given to magistrate. Accused will file a private complaint for the above offense. When the statemetn in FIR and statement made on oath are totally contradictory where is the question of discretion of magistrate.

Advocate. Arunagiri (Expert) 17 January 2011
If the main ingredient to show the offense, is being changed by the defacto complainant in his evidence, the court will form a adverse opinion.